Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-02-15
CLUVERIUS HANGING.
SERGEANT SMITH FINED $50 FOR AD-
HITTING TOO MANY FOLKS
THERETO.
The Contempt Case in the Hastings Court.
Rsv. Or. william z. Hatcher asa
Witness, &c.


On the subject, and also requested Mr..
Macon to have it published in the
newspapers, which was done.
On the day Of the execution Judge
Atkins wrote the following letter and
sent it down TO the jail
HUsTISGs CoURr OF RICHMOND,
JUDGR's OYFICE,
RICHMOND, January II, 1887. )
James Q. Smith, Esq, Sergeant City
Of Richmond:
Sir,-The Dispatch this morning
says: Sergeant Smith has granted a
photographer permission to have his
operator in the iail-yard when the exc
cution takes place" &c, &c.
Such a thing must not be permitted
under any circumstances, and you are
now hereby directed not to permit any
one within the precincts Of the jail ex-
cept those named in section 10 Of chap
ter 203 Of the Code of 1878, and the
act Of the Legislature approved April
3, 1879, chapter 119 of the Acts OF
1S7s-'79.
shall expect this execution to be
conducted throughout strictly in ac-
cordance with law, and shall hold you
responsible for any violation or evasion
thereof. Respectfully,
THOMAS S. ATKINS,
Judge Hastings Court City Of Rich
mOnd.
A copy sent to Smith by W. c. VIII
kinson 1O3 o'clock A. NJ. January l4th.
The Sergeant obeyed the instruc-
tions Of the Court as to the photo
grapher, and had the operator put out,
but about $50 or 800 persons were al
lowed to be present to witness the ex-
ecution; and learning this fact Judge
Atkins issued a rule against Sergeant
Smith to show cause why he should not
be fined for contempt of court.
THE sERGRANT's REPLY TO THIS RULE.
To the rule of Judge Atkins Sergeant
Smith made the following reply;
Your respondent in reply to your
rule upon him to show cause why he
should not be fined for contempt for
neglecting to obey the instructions OF
the Court directing him not to permit
any one within the precincts OF the
Jail except those named in section ~,
chapter 203, Code of 1876, and the
Acts of the Legislature, chapter 1l9,
Acts lS7S-'79, on the occasion Of the
execution Of Thomas j. Cluverius by
hanging on the 14th day OF January,
1887, at the Jail Of the said city, re-
spectfully begs leave to clear himself
of such contempt.
First, by saying that he did not in
tentionally disobey any order OF this
Court, and that he did in the execution
of Thomas J. Cluverius, as in the dis
charge of his other duties, carry out
as fully and faithfully as he could the
orders of this Court
Secondly, he respectfully asserts that
he has not disobeyed any order of the
Court.
1t is true that he did receive from
your Honor letter dated January ii,
1887. instructing him not to allow within
the city Jail during the said execution
any photographer or any other person
except those permitted by section 10,
chapter 203, Virginia Code 1873, and
Acts 167S-'79, chapter 1l9.
This letter was received about ii
o'clock-that is, less than two hours be-
fore the execution. Your respondent
naturally experienced the anxiety and
excitement attending such an occasion.
He could not pay the same attention to
your Honor's letter as he could have
done in moments of more quietude.
Nevertheless your respondent imme-
diatelv gave orders to his officers to
obey your Honor's instructions, par.
ticularly that no photographer should
be admitted, as this at the time ap,
peared to be the main point in the letter.
Your respondents duties that morn
ing were very severe and trying. He
had to see that proper arrangement;
were made for the execution in all its
details. so that there might be no nm
necessary delay or suffering. He alsc
deemed it his duty to keep close scru'
tiny upon the prisoner. He could not
watch the two gates of the jail, and he
did not do so. No one was allowed tc
enter the Marshall street gate. At the
gate on Jail alley your respondent had
number of the city police stationed
All who witnessed the execution camC
through that gate. Howmany came il
your respondent cannot tell, as he was
otherwise anxiously engaged.
Your respondent will state that while
preparing for said execution he noticed
some parties in the Jail whom he haC
not expected to be there. He com
planned of it to his deputy, j. NJ. Ma
con. who replied that he did not know
how they got there unless they came
through the gate in Jail alley. Where
upon your respondent promptly ordered
said gate to be locked, which was done
1t is true your respondent did no
lave those put out who had Improperly
gotten in. but this was because OF hi
great anxiety to have the execution
promptly and perfectly attended t.
without excitement or commotion.
II was within few minutes OF thu
time. and those who had gotten in wer'
behaving quietly and orderly, and re
spondent did not think it would be act
ING in accordance with any wish o
your Honor to run the risk of creating
any disturbance, whichan attemptt pu
any one out at that moment might hav
done. This he was particularly anxiou
to avoid, as any commotion within tn
iail-yard, the cause of which could no
be understood by those without, woul'
have rapidly communicated itself +
and been misunderstood by the seyera
thousand people who were outside til
jail tryingto get in, and serious conse
auences might have ensued.
Respondent then says that within
the two hours aforesaid he did not hay
the time to examine the law, but is O
opinion that the number of guards, as
sistants, &C., is left to his discretion
that he admitted only those whom b
knew he could rely upon in case h
needed assistance. at might appea
10 those who were ignorant OF the IL
formation in your respondents posses
sion tnat the number admitted upo
whom he intended to call in case h
needed assistance was unnecessaril
large. Your respondent, however, ha
received communication, which Ia